1 


BANCROFT 
LIBRARY 

o 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


7QM  I 

LCr, 1- .-  "UJo  o  <>  G  l  /I  ^ 

GOVERNOR'S   MESSAGE 

TO  THE 

LEGISLATIVE  ASSEMBLY 


TJEER/IRITOIR/'Y"   OIF 


EXECUTIVE  DEPAKTMENT, 
SALT  LAKE  CITY,  UTAH  TEBKITOKY,  JAN.  13,  1874. 

3H 

GENTLEMEN  OF  THE  LEGISLATIVE  ASSEMBLY: 

I  congratulate  you  upon  your  speedy  organization,  and  accept  it  as 
an  earnest  that  we  shall  have  a  harmonious  and  useful  session.  By  the 
Act  of  Congress  organizing  this  Territory,  the  law-making  power  is  vested 
in  the  Governor  and  Legislative  Assembly.  The  responsibility  is  great, 
but  it  is  our  duty  to  so  use  the  trusts  committed  to  our  keeping  as  best  to 
promote  the  general  welfare. 

There  is  much  that  is  important  for  us  to  do.  The  length  of  your 
session  is  fixed  by  law,  and  we  should  so  use  the  time  allotted  to 
r  us  as  to  be  able  to  complete  the  legislation  so  much  needed.  Not 
unmindful,  I  trust,  of  that  courtesy  which  should  always  characterize 
the  official  conduct  of  co-ordinate  departments  in  their  relations  with 
each  other,  I  submit  that,  in  my  judgment,  much  of  the  legislation  of 
this  Territory,  in  the  past,  has  been  incomplete  and  unsatisfactory. 

We  cannot  ignore  the  fact  that  there  has  been  much  confusion  and 
difficulty  in  attempting  to  enforce  the  laws  of  the  Territory  in  the  past; 
and  that  such  confusion  and  difficulty  now  exist.  Much,  if  not  all,  of 
these  conflicts  and  vexatious  uncertainties  have  arisen  directly  from  de- 
fective or  improper  legislation. 

It  is  our  imperative  duty  to  remedy  these  evils;  and  I  trust  that  we 
shall  be  able  to  bring  order  out  of  confusion,  and,  from  the  fragments, 
build  a  temple  so  perfect,  so  complete  in  all  of  its  parts,  as  to  shield  every 
citizen,  and  protect  alike  the  rights  of  all. 

By  an  inspection  of  the  Territorial  Statutes,  it  will  be  seen  that  many 
of  the  laws,  now  being  enforced,  were  "Ordained  by  the  General  Assem- 
bly of  the  State  of  Deseret,"  a  QUASI  organization  which  existed  prior  to 
the  organization  of  this  Territory  by  Congress,  but  never  possessed  of  any 
validity.  True,  these  laws  were  "adopted"  by  a  Joint  Resolution  of  the 
Territorial  Legislature.  But  that  is  insufficient.  It  may,  with  reason,  be 
questioned  whether  the  Legislative  Assembly  can  legislate  upon  any  sub- 
ject by  Joint  Resolution.  I  do  not  think  it  can.  The  Legislatuie  was 
clothed  by  Congress  with  full  power  to  legislate  upon  all  rightful  subjects, 
in  the  form  prescribed  by  the  Organic  Act.  That  is  to  say  that  each 


enactment  should  be  had  separately,  signed  and  approved  by  the  Gover- 
nor, and  submitted  to  Congress  for  approval.  It  cannot  be  claimed  that 
any  of  these  laws  '-Ordained  by  the  General  Assembly  of  the  State  of 
Deseret,"and  adopted  by  Joint  Resolution,  ever  received  the  approval  of 
the  Governor;  and  this  is  absolutely  essential  to  make  them  of  a  113'  bind- 
ing force  and  effect.  It  may  be  claimed  that  the.-e  are  questions  to  be 
determined  only  by  the  Courts.  It  is  answered  that  it  is  the  province  and 
the  duty  of  the  law  making  power  to  pass  upon  the  sufficiency  and  valid- 
ity of  all  laws,  and  to  make  such  corrections  a«,  in  their  judgment,  may 
seem  necessary.  I  therefore  call  your  special  attention  to  all  laws  of  the 
class  referred  to, and  ask  that  such  as  maybe  deemed  essential,  be  enacted 
separately,  and  that  all  others  be  declared  void. 

EDUCATION. 

In  my  Message  to  the  Legislative  Assembly,  at  its  last  session,  I 
urged  the  early  establishment  of  a  good  and  efficient  system  of  Common 
Schools,  but  nothing  was  done. 

Knowing,  as  I  do,  that  intelligence  constitutes  the  very  life  of  the 
Republic,  the  shield  of  our  liberties  as  a  people,  I  cannot  too  strongly 
appeal  to  you  to  take  such  action  at  this  session,  as  will  secure  the 
object  so  much  desired  *  y  all  good  citizens. 

It  is  not  my  purpose  to  specify  what  a  School  Law  should  contain 
in  all  its  parts,  but  leave  much  to  your  judgment  in  the  premises. 

Every  observer  of  society,  every  reader  of  history,  every  student  of 
political  economy  knows  that  educated  mind,  refined  society,  and  free 
government  are  inseparable;  and  as  every  citizen  alike  shares  the  bles- 
sings and  benefits  of  good  government,  so  all  alike  should  be  required 
to  contribute  to  that  which  gives  to  it  its  greatest  strength.  I  know 
of  no  good  reason  why  the  rich  man,  who  has  no  children  of  his  own 
to  educate  should  not  be  compelled  by  law  to  contribute  of  his  means 
to  educate  the  children  of  his  neighbor,  who  is  poor,  and  unable  of 
himself  to  do  so.  And  so  with  the  man  of  wealth,  who,  besides 
educating  his  own  children,  is  able  to  do  more. 

Justice,  good  citizenship,  every  impulse  of  a  higher  civilization  de- 
mands that  such  should  give  of  their  substance  to  this  great  work, 
and  I  would  compel  it  by  law.  Let  such  a  system  of  taxation  be  adopted 
as  will  accumulate  a  fund,  which  will  be  sufficient  for  the  establishment 
of  a  thorough  system  of  free  schools  throughout  our  borders.  Free 
Schools  are  among  the  highest  evidences  of  civilization;  and  I  cannot 
refrain  from  expressing  the  hope  that  the  time  is  not  far  distant,  and 
soon  will  come,  when  a  liberal  education  will  be  placed  within  the 
reach  of  every  child  within  the  Republic.  And  I  would  not  have  Utah 
behind  in  this  great  work. 

Give  to  the  people  a  thorough  system  of  Free  Schools,  that  our  pros- 
pective new  State  may  be  built  upon  the  solid  foundation  of  intellectual 
strength.  In  this  connection  permit  me  to  suggest,  that  all  moneys 
arising  from  fines,  and  forfeitures,  should  be  given  to  the  General 
School  Fund;  thus  compelling  the  violators  of  the  law  to  contribute 
to  the  good  of  society,  by  promoting  the  cause  of  education. 

I  call  your  attention,  also,  to  an  act,  entitled.  (< An  Act  providing  for 
the  management  of  certain  property,"  approved  January  20th,  1854, 
which  provides  "That  the  Probate  Judge  in  each  County  is  empowered 
and  required  to.  take  possession  of  all  property  left  by  any  deceased  or 
absconded  person,  when  there  is  no  legal  claimant  known,  or  sufficiently 
near  to  see  to  it  in  season;  and  shall  forthwith  appraise  and  make  two 
lists  of  said  property,  and  keep  one  on  file,  and  forward  one  to  the  Treas- 
urer of  the  "Perpetual  Emigration  Fund,"  and  at  the  earliest  practic- 
able date,  the  Probate  Judge  shall  place  that  property,  or  the  avails 
thereof,  in  the  possession  of  said  Fund,  the  value  thereof  to  remain 
until  proven  away  by  a  legal  claimant,  when  said  J  udge  shall  give 
an  order  therefor  on  the  Treasurer." 


By  an  act  entitled,  "An  Act  amending,  confirming,  and  legalizing  an 
Ordinance  incorporating  the  'Perpetual   Emigration  Fund  Company/" 
approved   January    12th,   1856,  said   Company    was  placed    exclusively 
under  the  supervision,  management,  and  control  of  the  "Church  of  Jesus 
Christ  of  Latter-day   Saints;"  and    the    entire    proceeds  of  the  business 
of  the  Company    was  made   to    inure   to  the  benefit  of  the  " Perpetual 
Emigration  Fund."    Thus,  practically,  giving  all   moneys,  arising   from 
the  estate  of  deceased  persons,  in  the  absence  of  a  legal  claimant,  to  the 
Church   of  Jesus  Christ  of  Latter-day  Saints,   to  be   used    for  church 
purposes.     The  propriety  of  so  using  these  moneys  is  seriously  questioned. 
Such  funds  are  in  the  nature  of  an  inheritance,  by  the  people,  and 
as  such,   belong  alike    to  every  person   in  the  Territory — moneys  that 
cannot  rightfully  be  used   to  promote  the  interests  of  any  one  class  of 
persons,  to  the  exclusion  of  any  other  class.     Will  any  one  pretend  to  say 
that   there  are  not  as  good  reasons  to  be  offered  in   favor  of  its  use  to 
promote  the  interest   of    the  Catholics,   the  Episcopalians,  the  Presby- 
terians, the  Methodists,  or  any  other  denomination  of  Christians,   as 
can  be  advanced  in  behalf  of  the  "Church  of  Jesus  Christ  of  Latter-day 
Saints."     There  can  be  but  one  answer — all  alike  are  without  any  right 
to    any  part  thereof.     It   is  in   violation   of   the  fundamental   doctrines 
upon    which  the   Republic    is  founded,  to  permit  any    Church,  or  the 
people  of  any  religious  belief,  to    share  any  privileges  which    are  not 
accorded  alike  to  all.  It  is  not  sufficient  to  say  that  where  a  large  majority 
of    the  people  are  of  a  particular  religious  faith,   they,  possessing  the 
political  power,  have  the  right  to  control  the  revenues  of   a  country  in 
such  a  manner  as    to    them    may  seem    just  and    proper.       Govern- 
ments were  not  established  for  the  benefit  of  majorities,  but    for  the 
purpose  of  protecting  minorities. 

Individual  rights,  and  not  collective  rights,  constitute  the  true 
foundations  of  all  just  Governmerts.  Hence  it  follows  that  if 
there  is  any  number  of  men,  however  small  that  number  may  be, 
who  object  to  the  m©neys  acquired  in  this  way  being  used  by  any 
Church,  for  any  purpose  whatever,  where  they  do  not  derive  an  equal 
benefit  therefrom  with  every  other  citizen,  it  is  the  duty  of  the  law- 
making  power  to  correct  the  evil,  and  protect  them  in  their  rights. 
And  I  doubt  not  you  will  agree  with  me,  that,  for  these  reasons, 
the  law  which  places  these  moneys  under  the  control  of  a  particular 
Church,  should  be  repealed,  and  a  law  enacted  in  its  stead,  requiring 
that  all  revenues  of  that  nature,  when  acquired,  shall  be  so  used  as 
to  benefit  every  citizen  alike. 

To  accomplish  this,  I  recommend  that  a  law  of  Escheats  be  enacted 
and  that  all  estates  escheating  to  the  Territory,  be  given  to  the 
general  school  fund.  And  I  also  recommend  that  the  "Perpetual 
Emigration  Fund  Company"  be  required  to  surrender  all  moneys  or 
other  property  of  that  character,  now  in  their  possession,  to  be  used 
for  the  same  purpose. 

Inasmuch  as  the  law  organizing  the  "Perpetual  Emigration  Fund 
Company"  does  not  require  its  officers  to  make  any  report  of  its  doings 
to  any  one,  it  is  impossible  for  me  to  communicate  to  you  the 
amount  of  the  fund  so  accumulated;  but  as  the  Company  has  been  in 
operation  eighteen  years,  it  is  fair  to  presume  that  a  large  amount  is 
now  on  hand,  which  should  be  made  available,  at  once,  for  educational 
purposes. 

THE   COUETS. 

That  our  courts  are  in  a  lamentable  condition  is  apparent  to  all. 
It  is  said  that  the  Territorial  Marshal  is  not  and  cannot  be  legally 
elected,  under  the  law,  as  it  now  stands.  That  the  act  of  the  Legis- 
lative Assembly,  creating  the  office  and  providing  for  the  filling  of  the 
same,  is  void,  for  the  reason  that  it  is  in  express  violation  of  the  seventh 
Section  of  the  Organic  Act.  It  is  said  that  the  Probate  Courts,  right- 
fully, have  no  equity  or  criminal  jurisdiction,  and  yet  exercise  both. 


4 

It  is  paid  that  the  jury  law  is  defective,  and  that  no  panel  can  be 
drawn,  under  the  present  Jaw,  that  will  be  legal.  To  all  these  points  I 
call  your  special  attention. 

The  rapid  growth  of  the  Territory,  in  population  and  wealth  and 
enterprise,  and  the  vast  amount  of  capital  seeking  investment  in  our 
midst,  make  it  all  important  that  remedies  at  law  be  made  speedy 
and  certain.  As  it  now  is,  properties,  of  incalculable  value,  are  in 
constant  jeopardy,  and  citizens  of  profitable  business  and  honest  pur- 
pose are  subjected  to  the  villainies  of  the  unscrupulous,  without  the 
means  of  protection.  We  have  it  in  our  power  to  correct  these  evils, 
and  it  is  our  duty  to  do  so.  Let  the  law  which  provides  for  the  election 
of  the  Territorial  Marshal,  by  the  joint  vote  of  the  Legislative  Assem- 
bly, be  repealed,  and  a  law  enacted,  in  its  stead,  which  will  be  in  accord- 
ance with  the  provision  of  the  Organic  Act.  Let  the  jurisdiction  of 
the  Probate  Courts  be  clearly  defined,  depriving  them,  by  positive 
enactment,  of  all  equity  and  criminal  jurisdiction,  and  confining  them 
strictly  to  Probate  business,  and  let  the  Jury  system  be  so  corrected 
that  a  panel  can  be  had  whose  verdict  will  be  legal  and  binding. 
It  is  unnecessary,  I  trust,  for  me  to  say,  that,  in  matters  ot  so  much 
importance,  it  is  our  duty  to  rise  above  all  pre-conceived  opinions, 
and  labor  alone  for  the  public  good.  That  such  will  be  your  course  of 
action  I  have  no  doubt. 

TERRITORIAL   OFFICERS. 

In  this  connection  permit  me  to  call  your  special  attention  to  the 
legal  status  of  the  Territorial  officers.  The  seventh  section  of  the  Organic 
Act  provides  that  all  Territorial  officers  shall  be  nominated  by  the 
Governor,  and  confirmed  by  the  Legislative  Council. 

The  Legislative  Assembly  have  provided  for  the  election  of  all  Ter- 
ritorial officers  by  the  joint  vote  of  the  two  Houses  of  that  body, 
independent  of  the  Governor.  That  this  is  in  violation  of  the  Organic 
Act  is  evident. 

All  of  the  Territorial  offices  are  now  filled  in  accordance  with  the 
provisions  of  Acts  of  the  Legislative  Assembly,  and,  I  doubt  not, 
you  will  agree  with  me,  that  their  election,  without  the  nomination 
of  the  Governor,  in  legal  contemplation,  is  a  nullity.  The  officers 
S9  elected  are  the  Attorney  General,  Marshal,  Treasurer,  Librarian, 
Auditor  of  Public  Accounts,  Superintendent  of  Public  Instruction, 
Warden  of  the  Penitentiary,  and  Notaries  Public.  We  cannot  ignore 
the  fact  that  the  question  of  the  legality  of  the  election  of  the 
officers  enumerated  has  been  a  fruitful  source  of  much  vexation, 
trouble  and  uncertainty,  producing  distrust  and  delay  in  our  courts, 
thereby  doing  a  serious  public  injury.  Our  duty  is  plain.  Let  all 
the  laws  providing  for  the  election  of  Territorial  officers  by  the 
Legislative  Assembly  be  repealed,  and  a  la  w  enacted  instead,  providing 
for  the  filling  of  such  in  accordance  with  the  requirements  of  the  Act  of 
Congress  organizing  the  Territory. 

PENITENTIARY. 

I  call  your  special  attention  to  the  condition  and  management  of 
the  Penitentiary.  In  my  judgment  its  present  condition  is  far 
from  being  satisfactory,  and  I  call  upon  you  to  make  the  necessary 
correction. 

The  office  of  Warden  of  the  Penitentiary  is  one  of  great  responsibility, 
requiring  vigilance,  judgment,  kindness  of  heart,  executive  ability 
and  integrity.  Under  the  direction  and  control  of  such  an  officer,  the 
management  of  a  prison  is  an  easy  matter.  And  in  view  of  the  peculiar 
character  of  the  duties  of  a  Warden,  I  respectfully  suggest  that 
as  much  power  over  the  internal  affairs  of  the  prison,  in  the  manage- 
ment of  convicts,  as  good  judgment  will  permit,  be  conferred  upon  that 
officer.  Section  four  of  an  act  entitled,  "An  Act  in  relation  to  the 


Penitentiary,"  approved  January  20th,  1860,  confers  upon  the  "Board 
of  Directors  of  the  Utah  Penitentiary"  the  power  to  appoint  the  clerk, 
overseers,  guards,  and  all  other  necessary  officers  of  the  Peniten- 
tiary. The  selection  and  employment  of  all  subordinate  officers  of 
the  Penitentiary  naturally  belong  to  the  Warden,  who  alone  can 
judge  of  the  fitness  of  persons  for  these  delicate  and  important  trusts. 
And  I  recommend  that  the  section  referred  to  be  repealed,  and. 
that  the  Warden  be  made  the  recipient  of  such  power.  And  further, 
by  an  Act  entitled,  "An  Act  further  defining  the  uuties  of  the  officers 
of  the  Penitentiary,  and  for  other  purposes,"  approved  January  18th, 
1861,  the  Board  of  Directors  of  the  Penitentiary  are  authorized  to 
lease  the  Penitentiary,  Warden  House,  and  other  buildings  connected 
therewith,  together  with  the  convicts,  to  parties  who  may  bid 
therefor,  and  in  the  event  that  the  Penitentiary  and  convicts  are 
not  rented  by  the  Board  of  Directors,  the  Warden  is  authorized  to 
hire  the  convicts  out.  I  do  not  approve  of  this. 

The  Penitentiary  and  the  buildings  connected  therewith  are  the 
property  of  the  United  States,  and  as  such,  the  Legislative  authority 
of  the  Territory  has  no  right  to  authorize  any  person  or  persons  to 
lease  them,  under  any  circumstances.  Nor  do  I  approve  of  that  por- 
tion of  the  Act  in  question  which  authorizes  the  Warden  to  hire  out 
the  prisoners  to  such  parties,  and  for  such  purposes,  as  he  may  deem 
proper.  The  central  idea  of  punishment  for  crimes,  of  a  lessei  grade 
than  those  punished  with  death,  so  far  as  it  applies  to  the  criminal, 
in  person,  is  his  reformation  from  the  paths  of  vice,  and  his  restora- 
tion to  good  citizenship.  Everything,  therefore,  which  in  prison- 
life  tends  to  degrade  and  humiliate  the  convicts  should  be  prohibited 
by  law.  Under  the  present  system,  convicts  have  been  made  to  labor 
upon  the  streets  of  our  Capital, and  in  the  most  public  places.  Humanity 
revolts  at  the  idea  of  compelling  human  beings  to  perform  labor,  as 
convicts,  with  a  ball  and  chain  and  the  uniform  of  prison  life,  in  the 
midst  of  the  busy  throng,  constantly  subjected  to  the  gaze  of  the  curious, 
or  in  contact,  it  may  be,  with  relatives  and  friends.  The  law  allowing 
such  treatment  ought  to  be  repealed,  and  the  Warden  compelled 
to  keep  the  convicts  in  the  Penitentiary.  Under  the  present  law 
the  singular  spectacle  is  presented  of  a  Penitentiary  without  a  convict 
in  it;  the  prisoners  being  kept  in  county  jails,  in  cribs,  and  in  such 
places  as  the  Warden  may  deem  proper. 

MERIT  MAEKS. 

To  the  end  that  good  behavior  may  be  encouraged  among  the  con- 
victs, I  recommend  that  you  establish  a  system  of  merit-marks,  crediting 
good  behavior,  which  shall  entitle  the  convict  to  a  deduction  of  a  certain 
number  of  days  from  the  term  of  his  sentence.  This  system  has  been 
tried  in  some  of  the  sister  States,  and  has  produced  good  results,  and  I 
hope  it  will  be  adopted  in  Utah. 

Under  the  law  as  it  now  is,  ten  hours  per  day,  of  hard  labor,  may 
be  exacted  of  convicts,  and  while  it  is  admitted  that  the  guilty  should 
be  punished  for  wrong  doing,  I  am  of  the  opinion,  considering  the  degra- 
dations and  hardships  of  prison  life,  that  ten  hours'  hard  labor,  for  each 
day,  is  harsh  and  unnecessary.  The  voice  of  humanity  pleads  in  their 
behalf.  Governments  should  be  generous  and  kind  to  the  unfortunate 
ones  who  fall  into  the  clutches  of  violated  law,  and,  heeding  its  appeal, 
I  recommend  that  the  law  be  so  amended  as  to  require  only  eight 
hours  of  labor  from  the  inmates  of  the  Penitentiary.  .  And  I  also  re- 
commend that  the  Governor  ot  the  Territory  be  authorized  and  required 
to  inquire  into  the  management  of  the  Penitentiary  and  its  inmates,  and 
all  county  jails,  giving  to  such  officer  power  to  correct  abuses,  and  aid  in 
improving  the  discipline  of  such  prisons. 

PAEDONING  POWEE. 

The  pardoning  power,  lodged  with  the  Governor  by  the  Organic  Act, 
is  one  of  the  most  delicate  and,  at  the  same  time,  one  of  the  most  impor- 


6 

tant  trusts  committed  to  his  keeping.  And  often  it  is  exceedingly  diffi- 
cult for  the  Executive  to  determine  whether  a  pardon  should  be  granted, 
left  as  he  now  is,  without  any  means  of  knowing  the  nature  of  the 
evidence  upon  which  conviction  was  had.  To  the  end  that  a  helping 
hand  may  be  extended  to  the  Executive  and  justice  promoted,  I  urge 
you  to  enact  a  law,  requesting  the  prosecuting  officer,  in  all  criminal 
cases,  when  convictions  are  had,  whether  for  offences  against  the  laws 
of  the  United  States  or  the  Territory  of  Utah,  to  prepare  a  full  synopsis  of 
the  evidence  adduced  on  the  trial,  and  forward  the  same  to  the  Governor 
of  the  Territory,  by  him  to  be  kept  for  reference,  should  applications  for 
pardons  or  reprieves  be  made. 


CRIMINAL   PEACTICE  ACT. 


I  call 


your  atterrtton  to  the  fact  that  there  is  now,  substantially,  no 
Criminal  Practice  Act  in  this  Territory,  and  I  earnestly  recommend  the 
enactment  of  such  a  law,  governing  legal  proceedings  in  criminal  cases, 
as  will  meet  this  public  want.  To  facilitate  your  efforts  and  lessen  your 
labors  in  this  behalf,  permit  me  to  suggest  that  you  adopt  the  criminal 
code  of  one  of  the  sister  States,  built  up  and  perfected  by  years  of  trial 
and  experience,  making  such  modifications  and  additions  as  will  adapt  it 
to  the  wants  and  harmonize  it  with  the  laws  ©f  the  Territory. 

SALARIES. 

An  inspection  of  the  laws  of  Utah  discloses  the  fact,  as  peculiar  as  it 
is  unfortunate,  that  no  provision  is  made  for  the  compensation  of  Terri- 
torial Officers.  The  idea  of  service,  founded  in  justice  and  equity,  implies 
compensation.  And  this  obligation  is  as  strong  between  the  Government 
and  its  Officers  as  between  individuals.  And  in  all  cases  where  the 
services  of  the  citizen  are  required,  it  is  the  duty  of  the  power  requiring 
such  services,  to  fix  and  determine,  in  advance,  what  the  compensation 
shall  be.  The  practice  in  Utah,  hitherto,  has  been  to  require  the  services 
of  Territorial  Officers,  and  fix  a  salary  by  appropriation,  in  the  nature  of  a 
Belief  Bill, after  such  service  has  been  rendered.  This  is  not  just.  It  leaves 
the  officer,after  having  given  his  time  and  attention  to  the  duties  of  his 
office,  wholly  at  the  mercy  of  the  Legislature,  who  may  fail,  neglect,  or 
refuse  to  make  compensation,  leaving  the  public  servant  without  remedy. 
It  is  our  duty  to  make  it  impossible  that  injustice  may  be  done;  and,  to 
that  end,  I  recommend  that  reasonable  salaries  for  all  Territorial  Officers 
be  fixed  by  law,  to  be  paid  from  the  Territorial  treasury. 

MILITIA. 

Inasmuch  as  the  militia  organization  known  as  the  Nauvoo  Legion 
has  been  a  fruitful  source  of  trouble  in  the  past,  it  is  proper  that  I  should 
call  your  attention  to  the  law  upon  chat  subject,  and  ask  you  to  make  such 
corrections  as  the  circumstances  may  demand. 

Section  1,  of  an  Act,  entitled,  uan  Act  for  the  organization  of  the 
Militia  of  the  Territory  of  Utah,"  approved  January  15,1857,  provides  that 
the  "Lieutenant  General  of  the  Nauvoo  Legion,  aided  by  six  or  more 
commissioned  officers  of  the  line  or  staff,  to  be  selected  by  him,"  shall 
be  authorized  and  empowered  -'to  draft  and  adopt  a  system  of  laws  and 
regulations  for  the  militia  of  the  Territory  of  Utah, "and  "to  create  and 
fill  such  offices,  as  are  or  may  be  necessary  for  its  organization,"  which 
''laws  and  regulations"  were  to  be  in  full  force  "from  and  after  their 
publication." 

In  the  month  of  July,  of  the  same  year,  the  committee,  so  appointed, 
"published"  a  "system  of  regulations,"  and  that  system  of  regulations 
constitutes  the  only  militia  law  of  this  Territory.  That  "system  of  regu- 
lations" was  never  reported  back  to  the  Legislature,  never  passed  the  two 
houses,  never  received  the  approval  of  the  Governor.  It  is  simply  the 
unfinished  work  of  a  committee,  and,  as  such,  can  have  no  binding  force 


and  effect.  To  the  end  that  a  militia  organization  may  be  perfected, by  the 
authority  of  law,  I  recommend  the  passage  of  a  law  providing  for  the 
organization  of  a  militia,  the  legality  of  which  cannot  be  questioned. 

ELECTION'S. 

The  right  to  vote  is  the  highest  manifestation  of  sovereignty,  the 
most  sacred  privilege  of  American  citizenship,  and  whatever  hinders 
the  free  and  untrammelled  expression  of  the  will  of  the  voter  at  the  polls, 
is  wrong,  and  should  not  be  tolerated.  I  do  not  think  that  the  election 
.law  of  this  Territory,  now  in  force,  is  a  good  one.  Section  5,  of  an  Act 
entitled,  "an  Act  regulating  elections,"  approved  January  3d,  1853,  pro- 
vides that  "Each  elector  shall  provide  himself  with  a  vote  containing 
the  names  of  the  person  he  wishes  elected,  and  the  offices  he  would  have 
them  fill,  and  present  it,  neatly  folded,  to  the  Judge  of  the  election,  who 
shall  number  and  deposit  it  in  the  ballot-box;  the  Clerk  shall  then  write 
the  name  of  the  elector,  and  opposite  it  the  number  of  his  vote." 

All  experience  has  shown  that  voting  viva  voce,  or  by  a  numbered 
ballot,  is  liable  to  subject  the  citizen  to  a  degrading  surveillance,  and 
prevents  that  free  expression  of  his  will  that  lies  at  the  very  foundation 
of  our  system  of  government.  I  do  not  hesitate  to  say  that  I  am  unalter- 
ably opposed  to  all  such.  They  are  but  the  whip  which  may  be  used  by 
the  strong  to  drive  the  weak  and  compel  submission  to  their  wishes.  And 
for  the  credit  of  Utah,  I  urge  you  to  abolish  the  numbering  of  the  ballot, 
and  give  to  the  people,  instead,  a  secret  ballot,  the  only  safeguard  of  our 
liberties,  making  it  impossible  for  one  citizen  to  know  how  another  citizen 
voted,  or  to  improperly  influence  his  vote.  There  is  now  no  law  fixing 
the  time  when  the  canvass  of  votes  shall  be  had,  and  certificates  ef 
election  issued.  Nor  is  there  any  provision  allowing  any  other  than  the 
Probate  Judge,  County  Clerk,  and  Selectmen,  to  be  present  at  the  count- 
ing of  the  votes. 

I  suggest  to  you  that  a  time  should  be  fixed  by  law  for  the  canvassing 
of  the  votes,  and  that  any  person  voted  for  at  such  election  shall  have  the 
privilege,  if  he  so  desire,  to  be  present  at  such  counting. 

CIVIL   PRACTICE  ACT. 

I  think  the  Civil  Practice  Act  is  defective  in  many  respects;  and 
without  calling  your  attention  to  the  many  changes  needed,  I  suggest 
that  a  revision  of  the  same  at  this  session  is  necessary.  And  further,  I 
respectfully  suggest,  that  in  my  judgment,  it  would  be  well  whenever, 
on  the  trial  of  any  action  at  law  in  the  District  Courts,  it  shall  be  found 
to  turn  on  important  or  doubtful  principles  of  law,  to  authorize  a  special 
verdict  to  be  found.  And  I  would  also  provide  that  in  all  cases  where 
the  parties  agree  upon  the  facts, that  such  agreement, when  signed  by  the 
parties  or  their  attorneys,  shall  be  made  a  part  of  the  record;  and  that  all 
questions  of  law  arising  on  special  verdicts,  agreed  cases,  motions  for  new 
trial,  and  the  like,  arising  in  any  manner  in  the  District  Courts,  in  law 
or  equity,  may  be  transferred  into  the  Supreme  Court  for  decision,  con- 
ferring upon  the  Supreme  Court  the  right  to  give  judgment,  remand  the 
cause,  or  make  an  order,  according  to  the  law  and  justice  of  the  case. 

DEEDS. 

I  call  your  attention  to  the  fact  that  there  is  not  now,  nor  has  there 
ever  been,  any  satisfactory  statute  in  this  Territory  regulating  conveyanc- 
ing; no  law  prescribing  how  a  deed  shall  be  executed,  nor  requiring  the 
registration  of  the  same.  Thus  leaving  the  entire  real  estate  transactions 
of  the  Territory  in  that  anomalous  condition  which  must  necessarily 
result  in  much  confusion  and  vexatious  litigation  in  the  future.  I  can- 
not urge  you  too  strongly  to  give  this  matter,  so  important  to  every 
citizen,  so  necessary  to  our  future  weal,  your  early  attention. 


8 

STATUTE  OF  FEAUDS. 

In  this  connection  I  call  your  attention  to  the  fact  that  we  have  no 
Statute  of  Frauds.  We  need  such  a  Statute,  and  I  cannot  refrain  from 
expressing  the  hope  that  you  will  meet  this  public  want  without  delay. 

MAEEIAGE. 

In  my  message  to  the  Legislative  Assembly,  at  its  session  in  1872,  I 
urged  that  body  to  enact  a  law  upon  the  subject  of  Marriage;  but  I 
regret  to  say  that  nothing  was  done.  There  is  now  no  one  in  this  Terri- 
tory authorized  by  law  to  unite  persons  in  wedlock.  That  there  should 
be  is  apparent  to  all.  And  I  recommend  that  all  ministers  of  the  gospeJ, 
regularly  ordained  as  such,  and  all  Judges  of  the  Courts  of  Record,  and  all 
Justices  of  the  Peace,  be  authorized  by  law  to  pronounce  the  marriage 
ceremony.  The  marriage  relation  lies  at  the  foundation  of  all  good 
society;  and  I  doubt  not  that  you  will  agree  with  me,  that  all  rights  inci- 
dent to  that  sacred  relation,  should  be  clearly  denned  and  firmly  estab- 
lished by  a  plain  and  positive  Statute,  and  I  hope  that  it  will  be  done  at 
this  session.  While  I  do  not  wish  to  present  to  you,  in  detail,  the  many 
features  that  should  be  contained  in  the  law,  you  will  permit  me  to 
suggest,  that  in  my  judgment,  a  marriage  license  should  be  required  of  all 
persons  before  they  can  be  united  in  wedlock,which  license  should  be  issued 
by  the  County  Clerk  of  the  County  in  which  the  parties  reside,  requiring 
such  Clerk  to  keep  a  record  of  all  such  licenses  issued  by  him.  I  would 
also  require  all  persons  uniting  parties  in  wedlock  to  furnish  the  County 
Clerk  with  a  certificate  of  such  marriage,  to  be  recorded  by  him  in  a  book 
kept  for  that  purpose.  And  it  would  be  well  to  make  it  a  crime  for  any 
person  to  unite  parties  in  marriage  who  have  not  first  procured  license 
therefor. 

EIGHTS   OF  MAREIED   PERSONS. 

Section  4,  of  an  Act,  entitled  an  Act  to  protect  the  Rights  of  Married 
Persons,  approved  February  16,  1872,  declares  that  "The  right  of  dower 
shall  not  exist  in  this  Territory."  I  approved  that  Bill;  but  after  due  re- 
flection, I  am  satisfied  that  in  so  doing  I  made  a  mistake.  And  I  recom- 
mend that  that  portion  of  the  Act  referred  to  be  repealed  at  this 
session. 

SECEETAEY'S  FEES. 

The  Second  Section  of  the  Act  of  Congress  organizing  this  Territory, 
makes  it  the  duty  of  the  Governor  to  "commission  all  officers  who  shall 
be  appointed  to  office  under  the  laws  of  this  Territory."  Inasmuch  as 
most  of  the  labor  connected  therewith  is  performed  by  the  Secretary  of 
the  Territory,  without  compensation,  I  recommend  that  a  reasonable  fee 
be  allowed  such  officer  to  be  paid  by  the  person  receiving  such  commis- 
sion. 

PEOBATE  JUDGES. 

Section  23,  of  an  Act,  entitled,  "an  Act  in  relation  to  the  Judiciary," 
approved  January  18,  1855,  provides  that  "Judges  of  Probate  for  the 
several  counties  shall  be  elected  by  the  joint  vote  of  the  Legislative  As- 
sembly. I  recommend  the  repeal  of  that  Section,  and  ask  that  such  offi- 
cers be  elected  by  the  people.  Many  arguments  could  be  advanced  in 
favor  of  the  change,  but  I  deem  it  unnecessary.  The  genius  of  our  gov- 
ernment, so  well  understood  by  every  citizen,  requires  that  the  right  to 
select  their  own  officers  be  exercised  by  the  people,  who  are  the  immedi- 
ate source  of  all  authority,  and  I  would  have  it  so  in  Utah,  so  far  as  it  can 
be  done  under  the  act  of  Congress  organizing  the  Territory. 

Permit  me,  also,  to  suggest  that  there  is  great  need  of  a  Probate 
Practice  Act,  systematizing  the  practice  in  Probate  business.  We  also 
need  a  Statute  of  descent,  and  distribution  of  the  estates  of  deceased 
persons. 


BEAIS'CH  MINT. 

The  establishment  of  a  Branch  Mint  by  the  General  Government  at 
some  central  point  in  this  Territory  has  become  an  absolute  necessity. 
And  I  urge  you  to  memorialize  Congress  upon  that  subject,  and  to  use  all 
proper  means  at  your  command  to  secure  that  which  is  so  much  needed. 

GEOLOGICAL   SUEVEY. 

Of  Utah,  so  rich  in  mineral  wealth  and  so  full  of  promise,  but  little  is 
known  in  a  scientific  sense,  and  I  recommend  that  a  geological  survey 
of  the  Territory  be  authorized,  and  that  an  appropriation  of  money  be 
made,  by  you,  sufficient  to  meet  the  expenses  of  the  same. 

INCOEPOEATIONS. 

Section  1,  of  an  Act  entitled  "an  Act  providing  for  Incorporating 
Associations,  for  Mining,  Manufacturing,  Commercial,  and  other  Indus- 
trial pursuits,"  approved  February  18,  1870,  requires  that  two-thirds  of  the 
whole  number  of  Directors  of  all  Corporations  organized  within  the  Terri- 
tory shall  be  residents  of  the  Territory.  Capitalists,  from  all  parts  of  the 
Republic,  are  making  investments  in  our  midst,  for  mining,  manufactur- 
ing and  other  purposes;  and  in  the  organization  of  Companies,  under  the 
law  as  it  now  stands,  they  are  compelled  to  select  a  majority  of  their 
Directors  from  persons,  residents  here,  who  have  no  personal  interest 
whatever  in  the  enterprise  over  which  they  are  to  exercise  control.  The 
effect  of  such  a  law  is  to  prevent  capital  from  coming  to  the  Territory.  I 
hope  that  it  may  be  repealed.  Before  dismissing  this  subject  I  would 
also  suggest  that  all  incorporations  organized  in  this  Territory  be  required 
to  file  their  Articles  of  Incorporation  in  the  office  of  the  Secretary  of  the 
Territory. 

FINANCE. 

I  am  happy  to  be  able  to  communicate  to'you  that  the  financial  con- 
dition of  the  Territory  is  all  that  can  be  desired.  The  Territory  is  free 
from  all  indebtedness,  and  now  has  a  balance  in  the  Treaaury  of  $35,- 
655.47. 

For  a  more  detailed  statement,  I  refer  you  to  the  Reports  of  the  Trea- 
surer and  Auditor  of  Public  Accounts,  copies  of  which  are  herewith 
transmitted. 

CENTENNIAL   CELEBEATION. 

The  United  States  Centennial  Commission,  by  a  circular  issued  Nov. 
12,  1873,  invited  each  State  and  Territory  to  appoint  a  Board  of  Managers 
to  act  in  conjunction  with  the  Centennial  Commissioners  of  the  several 
States  and  Territories,  in  making  preparation  for  a  proper  representation 
at  the  Centennial  Celebration  of  American  Independence,  to  be  holden 
in  the  city  of  Philadelphia,  in  the  year  1878. 

The  suggestion  is  a  good  one,  and  I  recommend  that  such  Board  be 
created,  and  ask  that  you  appropriate  a  sum  of  money  sufficient  to  enable 
them  to  make  such  preparation  as  will  reflect  credit  upon  the  people  of  the 
Territory. 

CONCLUSION. 

It  is  impossible  for  me  at  this  time  to  present  to  you,  in  detail,  all  the 
legislation  which  is  needed  in  the  Territory;  but  it  is  your-duty  to  extend 
a  helping  hand.  Ard,  in  conclusion,  permit  me  to  express  the  hope  that 
a  spirit  of  harmony  and  good  will  may  preside  over  all  your  deliberations; 
that  prudence  and  sound  judgment  may  characterize  your  legislation; 
and  that  ir  the  end  much  good  may  be  done. 

GEOEGE  L.  WOODS, 

Governor  of  Utah. 


10 


.AUDITOR'S   REPORT. 

—  o  — 

To  His  EXCELLENCY,  GEOEQE  L.  WOODS, 

GOVERNOR  OF  UTAH. 

Sir:—  As  provided  by  law  I  hereby  respectfully  present  Annual  Report  of  Assess- 
ments and  Disbursements  lor  the  Territory  of  Utah,  for  the  year  ending  December  31st 
1872,  as  appears  on  the  books  of  this  office. 


ASSESSMENT     AND   TERRITORIAL    TAX     ARISING    THEREON. 

COUNTY.  Assessment.          Territor'l  Tax. 

Salt  Lake,  ...               ..               ..                     $7,694,90800  $19,23727 

Box  Elder,  .'..              ...               ...                1,485,556  00  3,713  89 

Utah,  ...               ..                        1,317,664  00  3.294  16 

Weber,  ..               ..               ..                 1,118,14000  2.79535 

Cache,  ..               ..                         808,060  00  2,020  15 

Summit,  ..               ..               ..                   704,112  00  1,760  28 

Davis,  ..               ..                          691,948  00  1,729  87 

Sanpete,  ..                ..               ..                   580,23600  1,45059 

Tooele,  ..               ..                           559,888  00  1,399  73 

Washington,  ..               ..               ..                  482,92400  120731 

Morgan,  ..               ..                          392,316  00  980  79 

Millard,  ..               ..               ..                   374,51200  93628 

Iron,  ..               ..                          336,324  00  840  81 

Juab,  ..               ..               ..                    330,000  00  825  00 

Kane,  ..               ..                          225,052  00  562  63 

Beaver,  ..               ..               ..                   199,344  00  498  36 

Wasatch,  ..                                           121,944  00  304  86 

Sevier,  .  .                                                    88,568  00  221  42 

Rich,  ..               ...                             49,256  00  323  14 

Piute,  ..               ..               ..                     29,80800  74  52 

TOTAL,              $17^590,560  00  $43,976  40 


DISBURSEMENTS  BY  WARRANTS  ISSUED  ON  TERRITORIAL 

TREASURY. 

ROADS  AND  BRIDGES. 

For  Sevier  Bridge  in  Juab  County,  approved  Feb.  16,  1872  —  $1,500  00 
"        "       Bridge  near  Salina,  approved  Feb.  16,  1872  .........  1,000  00 

"  St.  George  and  Kanab  road       "  "  "      .........  1,00000 

"     Logan  road,  approved  Feb.  18,  1870  .........    328  19 

"  Beaver  Dam  and  Muddy  Valley  Road,  approved  Feb.  21, 

1868  ...........................................................    12816 

"  St.  George  and  Lower  Muddy  Road,  approved  Jan.  19,  1866     1525       $3,971,30 

PENITENTIARY. 
"  For  Board  etc.  of  Prisoners  on  Orders  of  Directors  ........  $1,30000 

TERRITORIAL  MARSHAL'S  OFFICE. 
"   For  Court  Expenses,  Arresting  and  Boarding  Prisoners,  etc.,  $5,343  31 

ATTORNEY  GENERAL. 

"   Salary  for  the  year  1872  ......................................  $1,000  00 

"   Office  Rent  etc.  for  1870  and  1871,  approved  Feb.  16,  1872..  .     200  00       $1,200  00 

SUPERINTENDENT  COMMON  SCHOOLS. 

For  Salary  for  the  year  1872  .......................................    600  00 

"   Printing,  Stationery,  Postage  etc.  for  1872  .................  ...    130  70         $730  70 


11 


AUDITOR'S  OFFICE. 

For  Salary  for  the  year  1872 600  00 

"    Stationery  for  the  year  1872,  approved  Feb,  16, 1872 65  15 

"    Rent  of  Office  for  the  year  1872,  approved  Feb.  16, 1872 50  00 

Postage  paid  during  the  year  1871,    "           "           "        2450 

Postage  paid  during  the  year  1872, 25  85 

Printing   blank  Auditor's  warrants,  approved  Feb.  16, 

1872, ....:. .  8  00 

Printing  Official  Certificates 300 

Advertising  Auditor's  Warrants 43  50 

"   Territorial  Seal  for  Secretary's  Office,  Fxoress,  Charges,.. 

&c., ." 2820 

"   Official  Seal  for  Auditor's  Office 1200 

"    Printing  and  Folding  Brand  Sheets,  approved  Feb.  16, 

1872 179  00     81,039  20 

TREASURER'S  OFFICE. 

For  Salary  for  the  year  1872 , , 400  00 

"    Stationery  for  the  year  1872 25  00 

"   Cost  of  Safe  for  Treasurer's  Office,  approved  February  16, 

1872 350  00 

"   Cost  of  Cancelling  Stamp,  approved  Feb.  16, 1872 1000         $78500 

LIBRARIAN'S  OFFICE. 

For  Salary  for  the  year  1872 400  00 

"    Rent  of  Library  Rooms  1870  and  1871,  approved  Feb.  16, 

1872 600  00 

"   Binding  Library  Books,  approved  Feb  16,  1872 200  00      $1,300  00 

SUPERINTENDENT  METEOROLOGICAL  OBSERVATIONS. 

For  Salary  of  W.  W.  Phelps  to  March  10, 1872 36  67 

"   Salary  of  E.  L.  T.  Harrison  from  8th  May  to  Dec,  31, 1872,    129  23         $165  92 

DESERET  UNIVERSITY. 

"  University  Expenses  for  1872,  approved  Feb.  16,1872 6,000  00 

"  Timpanogos  Branch,  "  "  "  3,000  00 

"  To  Locate  University  Lands,      "  «•  "  500  00 

"  St.  George  Normal  School,  «  •'  "  1,00000     $10,50000 

INSANE  ASYLUM. 

For  Assistance,  to  sustain  Insane  Asylum  1872,approved  Feb. 

16, 1872, T. $2,000  00 

PUBLIC  PRINTING. 

For  Contingent  Fund  drawn  by  A.  M.  Cannon,  approved 

Feb.  16,  1872 $2,000  00 

INCIDENTAL  EXPENSES. 

For  Legislative  Expenses  Session  1871  and  1872,  resolution 

Feb  15,1872 400  00 

"   Services    as    Road  Commissioner    to    Theo.  McKean, 

approved  Feb.  16, 1872 300  00 

"    Work  on  Wanship  wagon  road  to  G.  G.  Snyder,  approved 

Feb.  16,1872 „ 61350 

"    Compiling  Laws,  to   F.D.Richards  Commissioner,  ap 

proved  Feb    16,1872 225  00 

"    Services  as  Engrossing  Clerk,  to  P.   Lynch,  approved 

Feb.  16,  1872 * 120  00 

1    Engrossing,  to  Joseph  P.  Smith,  approved  Feb.  '6,  1872..     90  00 

"    Plot  of  Ogden  City,  to  J.  \V.  Fox,  approved  Feb.  10, 1872..     25  00 

"    Relief  of  A.  Stayner,  paid  him.  "  "  "  44266 

"        E.  M.Sanders,  paid  him,    "  "  "  11298 

"       W.C.  Mitchel,          "  "          "          ••  10041 

"  •     Rufus  Allen,  "  "  "  "  65  00 

"   Services  as  Sheriff,  to  Stephen  Taylor,  approved  Feb.  18, 

1870 !      5000 

"    Services  as  Sheriff,  to  P.  Cranny,  approved  Feb.  18, 1870     50  00       $2,592  55 

Total  Disbursements  for  the  year  1872 $32,828  28 

Warrants  of  recent  date  in  circulation   Dec.  31, 1871  98  00 

Warrants  issued  in  the  first  years  of  Territorial  existence  not 

.  heretofore  included  in  any  report $1,948  00 

Total  warrants  in  circulation  during  the  year $34,874  28 

Warrants  redeemed  per  Treasurer's  report 34,864  53 

Auditor's  Warrant  unredeemed  at  this  date 9  75 


12 


AMOUNTS  HERETOFORE  APPROPRIATED  NOT  YET  DISBURSED. 

MARSHAL'S  OFFICE- 
For  Expenses  of  District  Courts,  approved  Feb.  16,  1872  ........  $5,512  40 

INSANE  ASYLUM. 
For  Assistance  for  the  year  1S73,  approved  Feb.  16.  1872  ........  2,000  00 

INCIDENTAL. 
For  Relief  of  W.  I.  Appleby,  approved  Feb.  13,  1870  ............  22  00 

ROADS  AND  BRIDGES. 

For  Opening  a  road  from  Provo  River  at  Provo  City  ..........  $2,000  00 

"    Building  Forts  in  Kane  County  ...........................    1,000  00 

"    Road  between  Meadow  Valley  and  the  Muddy  ..........     69600 

"    State  Road  West  ................................  ..............       2186 

"   Salt  Lake  City  and  Black  Rock  road  .....................       1700       $3,73486 

Total  $11,269  10 

The  surplus  Auditor's  Warrants  amounting  to  $194.80,  mentioned  on  previous  page 
as  not  heretofore  included  in  any  report,  have  been  unnoticed  from  year  to  year,  for  the 
reason  that  all  the  many  efforts  have  from  time  to  time  been  made  to  call  in  all  out- 
standing warrants,  in  order  to  ascertain  definitively  how  many  were  in  circulation, 
those  efforts  Avere  not  successful.  Until  a  few  years  back  there  were  no  surplus  funds 
In  the  Treasm-y,  and  warrants  could  rarely  be  redeemed  with  money,  hence  the  diffi- 
culty of  calling  them  in.  Circumstances  are  now  more  favorable,  and  the  Legislative 
Assembly  at  the  last  session,  authorized  the  Auditor  to  call  in  all  warrants  by  public 
advertisement.  It  is  believed  that  there  are  now  old  warrants  afloat,  and  that  $1,948 
will  cover  the  ainount. 

The  existence  of  these  surplus  warrants  originated  during  the  first  six  years  from 
the  organization  of  the  Territory,  when  but  little  system  was  used  in  keeping  the 
Territorial  accounts.  J.  W.  Cummings  in  his  report  as  Auditor,  dated  Nov.  1,  1856, 
says,  "What  amount  of  the  above  (referring  to  Auditors  Warrants)  is  now  in  circula- 
tion, or  those  previously  issued,  I  have  no  means  of  determining,"  and  the  surplus 
could  not  be  ascertained  at  any  time  previous  to  the  present. 

Very  Respectfully, 

WILLIAM  CLAYTON, 
Salt  Lake  City,  Jan,  2nd,  1873.  Auditor  of  Public  Accounts. 


To  His  EXCELLENCY,  GEORGE  L.  WOODS, 

GOVERNOR  OF  UTAH  TERRITORY. 

Dear  Sir:— I  respectfully  beg  leave  to  hand  you  my  annual  report  as  Auditor  of 
Public  Accounts  lor  the  Territory  of  Utah,  for  the  year  1873,  which  please  find  in  the 
following  exhibits,  to  wit: 

Total  value  of  Total  tax 

assessed  property.  Territorial. 

Salt  Lake,                               ..               ..                     $9,930,95600  $24,90239 

Box  Elder,                      ...                ..                ..               1,549,00800  3,87252 

Utah,                       ..                ..                ..                        1,423,69200  3,55923 

Weber,                              ..               ..                ..               1,411,74400  3,52936 

Tooele,                    ..               ..               ..                         9-5670000  2,39175 

Cache,            ..               ..               ..               ..                 909,15600  2,27289 

Summit,                   ..                                 ..                         706,576  00  1,766  44 

Davis,             ..               ..               ...               ...                 692,08800  1,73022 

Sanpete,                  ..               ..               ..                        656,72800  1,64182 

Washington,                  ..               ..               ..                  545,84000  1,36460 

Millard,                   .-                ••               -.                          462,36800  1,15592 

Morgan,                           ..                ..               ..                  461,17200  1,15293 

Juab,                                          ..                ..                ..        440,73200  1,10183 

Iron,                 ..               ..                ..                ..                 377,77200  94443 

Kane,                       ..               ..               ..               ..       2?>3,344  00  733  36 

Beaver,           ..               ..               ..               ..                261,84800  65462 

Wasatch,                 ..               ..               ..               ..        176,63600  44159 

Sevier,                             ..               ..               ..                144,668  00  361  67 

Rich,                                                         ....         80,OnO  00  200  DO 

Piute,              ..               ..               ..               ..                 37,320  00  93  30 

Total              $21,548,348  00  $53,870  87 


13 


WARRANTS  ISSUED   ON    THE  TREASURY  DURING 
THE  YEAR. 

WARDEN'S    OFFICE. 

Cost  of  Iron  Cells  and  appurtenances $1,351  99 

Cost  of  Prison  Furniture  and  appendages 427  11 

Boaid,  Clothing  &o.,  for  prisoners 4,824  31 

Paid  for  Guard  Service ;. 2,1 18  94 

Paid  on  Warden's  services 2,10000      $9,922  35 

TERRITORIAL  MARSH AJL'S  OFFICE. 

Paid  Rewardsand  Expenses  Arresting  Prisoners $   672  25 

Sundry  Expenses  of  U.  S.  Courts,  Juror's  <fcj 8,149  95       $8,822  20 

ASYLUM. 

Balance  of  Appropriation  Feb.  16,1872 $2,000  00 

KOADS  AND  BRIDGES. 

Paid  app.opriation  for  opening  road  to  Pro vo  City $2,000  00 

AUDITOR'S  OFFICE. 

Paid  for  Stationery  for  1 873 $     61  25 

"    Official  postage  for  1873 2715 

•*    On  Rent  of  Office  for  1873 5000 

"    Printing  and  Folding  live  sheets  of  Brands 205  00 

<:    Auditor's  Salary  ibi  1873 GOO  00          $94340 

ATTORNEY  GENERAL'S  OFFICE. 

"    Salary  for  ]  873 $1,000  00 

OFFICE  OF  SUPERINTENDENT  OF  COMMON  SCHOOLS. 

"  Printing  Blanks,  Circulars  &c $     94  25 

"  Stationery  for  Office  187$ 50  00 

"  Official  Postage  for  1873.... 25  00 

"  Salary  of  Superintendent  for  1873 60000         $76925 

TREASURER'S   OFFICE. 

"    Stationery  for  current  year $     25  00 

"    salary  of  Treasurer  for  1873 40000         $42500 

TERRITORIAL  LIBRARY. 

"    Salary  of  Libiarian  for  1873 $400  00 

METEOROLOGICAL  OBSERVATIONS. 

"    Salary  of  Superintendent  for  1873 $200  00 

COMPILING   LAWS. 

"    Checks  of  Commissioner  on  Account $575  00 

Total  $27,057  20 

Add  Warrants  in  circulation  Dec, 31, 1872 975 

Total  circulating  warrants  during  the  year $27,066  95 

Redeemed  at  the  Treasury  per  Treasurer's  report 27,066  95 

In  addition  to  which  the  i'rea.surer  has   redeemed  $79.50  of  old  warrants,  of  the 
original  issue  not  fully  accounted  for,  as  previously  reported. 

The  following  balances,  heretofore  appropriated,  are  yet  unexpended,  and  remain 
standing  to  the  credit  of  the  accounts  named  on  the  books  of  this  office,  to  wit: 

For  compiling  laws,  or  so  much  thereof  as  necessary $1,200  00 

For  building  forts  in  Kane  County 1,000  00 

For  improving  Muddy  Valley  road 696  00 

To  W.  I.   Appleby,  deceased 22  00 

For  improving  Salt  Lake  City  and  Black  Rock  road 

For  improving  State  road  west  of  Salt  Lake  City 21  86 

Total  $2,956  86 


14 


In  order  to  close  accounts  on  the  Auditor's  books,  preparatory  to  entering  up 
appropriations  which  may  be  made  during  the  approaching  session  of  the  Legislative 
Assembly,  for  future  use,  it  will  be  necessary  for  that  Honorable  Body  to  appropriate 
the  sums  represented  in  the  following  statement,  and  I  respectfully  ask  that  action 
thereon  may  be  taken  during  the  early  days  of  the  Session. 

The  several  accounts  requiring  appropriations  areas  follows: 

WARDEN'S  OFFICE. 

For  expenses  of  Territorial  prisoners,  Warden's  services,  cost 
of  Iron  Cells,  Furniture,  Tools  &Q $11,222  35 

MARSHAL'S  OFFICE. 

Expenses  of  United  States  Courts,  rewards  for,  and  cost  of 
arresting  prisoners,  in  excess  of  appropriation  1872 

ATTORNEY  GENERAL'S  OFFICE. 

On  account  of  two  years  services  1872-3 

SUPERINTENDENT  COMMON  SCHOOLS. 

For  two  years  services,  1872-8 $1,200  00 

"    Printing  Circulars  etc,  1872 50  00 

"    Stationery  and  postage  for  1872 80  70] 

"    Printing  blanks,  forms,  circulars  etc,  1873 94  25 

"    Stationery  and  postage  lor  1873 75  00 

SUPERINTENDENT  METEOROLOGICAL  OBSERVATORY. 


$2,000  00 


$1,199  95 


Amount  paid  W.  W.  Phelps,  deceased,  for  services  1872  $    36  69 

"         paid  E.  L.  T.  Harrison,  for  services  in  1872 129  25 

"  "  "  "  "  •'  in  1873 20000 


$365  92 


AUDITOR'S  OFFICE. 

For  two  years  services  1872-3 $1,200  00 

"    Expenses  of  Territorial  seal  for  Secretary's  Office 28  20 

"    Auditor's  Official  Seal 12  00 

"    Advertising,  calling  in  Wai-rants  1872 43  50 

•'    Printing  Official  blank  certificates 3  00 

"    Postage  paid  during  the  year  1872 25  85 

"    Stationery  for  the  year  1873 61  25 

•'    Postage  paid  during  the  year  1873 27  15 

"    Printing  brands,  in  excess  of  appropriation 200  00 

TREASURER'S  OFFICE. 

For  two  years  services  1872-3 $  800  00 

"    Stationery,  postage  etc,  for  1872 .".  35  00 

"    Cancelling  stamp  for  office 10  00 

"    Stationery,  postage  etc.  for  1873 25  00 

LIBRARIAN'S  OFFICE. 

For  two  years  services  "of  Librarian,  1872-3 

Total 
Respectfully  submitted, 

WILLIAM  CLAYTON, 


SALT  LAKE  CITY,  Jan.  1st,  1874. 


$1,600  95 


$860  00 


$800  00 
$21,658  83 


Auditor  of  Public  Accounts. 


15 

TREASURER'S   REPORT. 

— o — 

TERRITORIAL  TREASURER'S  OFFICE, 

Salt  Lake  City,  U.  T.,  December  31st,  1872. 

To  His  EXCELLENCY,  GEORGE  L.  WOODS, 

GOVERNOR  OF  UTAH  TERRITORY. 

Dear  Sir:— I  respectfully  submit  herewith  my  annual  report  of  the 
Receipts  and  Disbursements  of  this  Office  for  the  year  ending  at  date. 

ZR/EJOIEIIFTS. 

AMOUNTS   RECEIVED   FROM  THE  ASSESSORS  AND  COLLEC- 
TORS OF  THE  FOLLOWING  COUNTIES : 

Beaver,       $     852  40 

Box  Elder,       3,855  91 

Cache,         ....  2,455  00 

Davis,               2,247  21 

Iron,            523  41 

Juab,      1,143  50 

Kane,          439  61 

Morgan,           1,274  16 

Millard,      693  00 

Piute,                61  75 

Rich,           528  19 

Salt  Lake,        10,214  95 

Sanpete,     1,503  90 

Summit,          1,915  00 

Sevier,         192  81 

Tooele,              520  75 

Utah,           3,174  90 

Weber,              ....        2,505  93 

Washington,        896  38 

Wasatch,         557  73 

Common  Schools,  Godbe  &  Co.,      16  00 


Total  Receipts,        ................        $35,572  49 

Add  balance  on  hand  Dec.  31,  1871,  31,023  69 

Grand  Total,        ........  §66,596  18 


Auditor's  Warrants  received  at  the  Treasury,  as 

per  accompanying  statement  in  detail,      ....      $34,864  53 

Balance  in  the  Treasury,      ....       $31,731  65 


Salt  Lake  City,  Dec.  31st,  1872.  JAMES  JACK, 

Territorial  Treasurer. 


TERRITORIAL  TREASURER'S  OFFICE, 

Salt  Lake  City,  U.  T.,  December  31st,  1873. 

To  His  EXCELLENCY,  GEORGE  L.  WOODS, 

GOVERNOR  OF  UTAH  TERRITORY. 

Dear  Sir:— I   respectfully  submit  herewith  my  annual  report  of  the 
Receipts  and  Disbursements  of  this  Office,  for  the  year  ending  at  date. 


16 


AMOUNTS  RECEIVED  FROM   THE   ASSESSORS  AND  COLLEC- 
TORS OF  THE  FOLLOWING  COUNTIES  : 

Beaver,       ............................  $     313  85 

Box  Elder,      ........................  3,220  00 

Cache,         ............................  2,025  00 

Davis,               ........................  2.060  10 

Iron,            ............................  917  10 

Juab,      ............................  335  00 

Kane,          ............................  464  75 

Morgan,           ........................  850  00 

Millar^,      ............................  596  '5 

Piute,               ........................  89  00 

Rich,           ............................  60  00 

Salt  Lake,       ........................  10,023  75 

Sanpete,     ............................  1,096  35 

Summit,           ........................  1,570  00 

Sevier,        ............................  160  00 

Tooele,              ........................  1,369  02 

Utah,           ............................  2,636  70 

Weber,             ........................  1,998  20 

Washington,        .............  .  ..........  929  55 

Wasatch,         ........................  355  65 

Total,        ....................  $31,070  27 

Add  balance  on  hand  Dec.  31,  1872,  31,731  65 

Grand  Total,           ........  $62,801  92 


Auditor's  Warrants  redeemed  at  the  Treasury,  as 

per  accompanying  statement  in  detail,      ....      $27,146  45 

Balance  in  the  Treasury,       ....     $35,655  47 

Salt  Lake  City,  Dec.  31st,  1873.  JAMES  JACK, 

Territorial  Tieasurer. 


